ASADA deal with Essendon would be improper, claims lawyer

Sports writer with The Age

As the AFL prepares to slap a life ban on sports scientist Stephen Dank, a lawyer who acted as an adviser to Essendon last year says any attempt by the Australian Sports Anti-Doping Agency to broker a deal with the Bombers' players before the findings of the Federal Court case are released would be "improper".

Fairfax Media reported on Friday that the 34 current and former players issued with show-cause notices would have any sanctions cut to six months provided they admitted taking banned substances in 2011-12 but the deal would only be available until Justice John Middleton releases his decision in the case the Bombers and suspended coach James Hird have brought against the anti-doping body.

Justice Middleton has not indicated when that decision will be released, but it's likely to be at least another three weeks.

While ASADA denied on Friday it had tabled an offer, and AFL chief Gillon McLachlan denied receiving such a deal, the supplements saga has featured several twists, with public confirmation only later emerging.

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Lawyer Martin Hardie, who is writing a book on the Bombers' scandal, was staggered by the reported deal.

"Any attempt to make an offer of the type being reported, whether directly or indirectly, would be improper but more importantly points to the desperation of ASADA's position," he said.

Hardie said Hird and the Bombers, and by extension the 34 players, should be allowed to have their day in court before any sanctions were raised.

Hird and the Bombers allege the joint AFL and ASADA probe last year was unlawful, and therefore the show-cause notices should be voided by Justice Middleton. ASADA, pressured by the AFL and the former federal government last year, has argued otherwise.

Dank, the man at the centre of the controversial supplements programs at Essendon and NRL club Cronulla, is set to be banned by both codes.

The AFL is set to write to each of its clubs detailing why he should not be allowed to work again at clubs or in the system. Dank, who has refused to be interviewed by ASADA, also worked at the Gold Coast Suns and had dealings with Melbourne players.

ASADA has requested the AFL ban Dank. However, the anti-doping body has denied tabling a deal with the AFL about giving the Essendon players reduced six-month suspensions.

"At no time has ASADA put forward a sanction proposal to Essendon players, or their legal representatives, linked to the timing of the Federal Court decision," it said on Friday.

"ASADA can also confirm that it has not 'tabled' a sanction proposal with the AFL chief executive regarding Essendon football players."

Speaking on 3AW, McLachlan said ASADA chief Ben McDevitt suggested earlier this year that the anti-doping body could cut proposed sanctions under a "no significant fault" findings and if players were prepared to come forward with information.

"He put out on radio, on day two after the show cause notices (were issued) that there were provisions in the Act for substantial assistance for no-fault ... to get six months," McLachlan said.

"I think he indicated or intimated - I don't want to put words in his mouth - that he thought that was a possible scenario here, so I think that six-month thing has been around and broadly well known but I haven't had a deal put on my desk."

The reported ASADA deal to the Bombers comes as 10 current NRL players on Friday accepted an ASADA agreement that would result in a 12-month ban, backdated to November 2013, for their involvement in the supplements program at the Sharks in 2011.

The players, set to be stood down by the NRL, agreed to the deal after receiving assurances from the World Anti-Doping Agency that it would not appeal against the terms.

With his team on the verge of the finals, caretaker Essendon coach Mark Thompson wouldn't be drawn into any proposed ASADA deal on Friday.

"That's a hypothetical question. I don't want to even answer because I hope it doesn't happen," he said.

McLachlan said he hoped the league would have "resolution and clarity" over the saga in time for the 2015 season. However, Justice Middleton's decision - either way - could lead to more action by Hird, the Bombers and ASADA. The AFL Players Association did not wish to comment.